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<br />82- i3~I956' <br />under the Lease, the Ground Lease, and the Sublease, if applicable, <br />except for any ablzgations arising prior to the-Purchase Date. <br />- f. Cost All charges incident to the canseyance, <br />transfer and saieaf the Property hsreund+er, including eounsel <br />fees, escrow fees, recording fees, title insurance premiums', <br />title cr>mpany costs, survey costs, and all applicable federal;.:. <br />stag and heal taxes (other .than: income or franchise ta~:es <br />Iev*ied upon ar ass~rssed against dptionor}> which may be incurred. <br />or impaled by reason of sucks conveyance, transfer and sale or by <br />reason of the delivery of any ,deeds and/or assignments shall be <br />paid by the respective parties hereto in accordance with the <br />custom-prevailing in the locality inhere the Property is located< <br />g, Brokerage. `£he parties hereto agree that no <br />brokerage commission shall be'due or payable by Dptonar or BKC <br />in connection wick any purchase and sale of the Property hereunder. <br />h, failure to Con~~ey 'Citle. If t~ptionflr fails ar <br />refuses to convey. title:. to the Property as requzred by Sections <br />• 2b. and 2c. hereof, or if the title insurance binder obtained by <br />BK[: evidences encnmbx~ances or exceptions'.not permitted in Section <br />2c. hereof and vhzch are not removed by dptionor, r_he sale remedy <br />of BKC will be either {i3 to enforce specific perfcsrmance by <br />~tio:~or of its duty to convey and ;transfer the Property upon the <br />terms set forth herein or {ii) to refuse to purchase the Property <br />_' ~ + <br />s- <br />C~~... <br />